GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

Simple   
H	Resolution 
Adopted  

HOUSE RESOLUTION 178
Adopted 2/8/89

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Sponsors: Representatives Warner and Dickson.
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Referred to:  Education.
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February 7, 1989

A HOUSE RESOLUTION TO ESTABLISH THE PROCEDURE FOR NOMINATING AND ELECTING MEMBERS OF THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA.
Be it resolved by the House of Representatives:
Section 1.  The following procedures for nominating and electing members of the Board of Governors of The University of North Carolina are adopted:
I.  COMMITTEE RESPONSIBILITIES.
1.  It is the duty of the Education Committee of the House of Representatives, in conjunction with the Subcommittee on The University of North Carolina, (hereinafter the "Subcommittee" ) to choose at least two nominees for each opening in each category of seats on the Board of Governors of The University of North Carolina to which the House of Representatives is to elect members.
2.  The Subcommittee shall receive suggestions of proposed candidates for nomination for election to the University Board of Governors through February 14, 1989.  Any person proposed in writing by any member of the House of Representatives to the Chairman of the Subcommittee shall be considered as a candidate for nomination by the Education Committee.  Members of the House of Representatives shall ascertain that the candidates they propose for nomination are qualified to serve as members of the Board of Governors of The University of North Carolina pursuant to G.S.116-7(b), and are willing to serve if elected.
3.  After February 14, 1989, the Education Committee shall meet and receive from members of the Committee formal proposals of candidates for nomination.  A committee member may propose candidates for nomination only for the categories available for election by the House of Representatives.
4.  The Education Committee shall screen the proposed candidates for nomination proposed to it as to their qualifications and background and may interview each one to make sure that suitable persons are nominated for each category.  The Committee shall confirm that each candidate for nomination is willing and able to serve and has no statutory disability.
5.  A Representative may propose as candidates for nomination only as many persons as there are places to be filled by the House.  When the proposing process is closed, the Education Committee shall list all proposed candidates for nomination by category.  The Education Committee shall vote to determine whether each person proposed shall be placed on the House ballot as a "Recommended Nominee”or a "Nominee.” A majority vote of the members of the Education Committee who are present and voting shall constitute one a "Recommended Nominee”or a "Nominee,”as the Committee shall determine.  An individual cannot be a candidate for nomination or be nominated in more than one category.
6.  Education Committee nominees shall be placed before and recommended to a joint session of the House of Representatives and Senate.
II. JOINT SESSION–SELECTION OF NOMINEES.
1.  The Senate and House of Representatives shall meet in joint session at 1:30 p.m. on February 28, 1989, for the purpose of nominating persons for election to the Board of Governors of The University of North Carolina.  In the joint session of the Senate and House of Representatives, committee nominations shall be made first and then the floor shall be opened for the nomination by any Senator or Representative of persons for election to the Board of Governors.  Nominees shall be grouped into the following categories, as required by G.S. 116-6:
(1)	Women nominees for four-year term,
(2)	Minority race nominees for four-year term,
(3)	Minority party nominees for four-year term,
(4)	At-large nominees for four-year term, Senate,
(5)	At-large nominees for four-year term, House of Representatives.
Notwithstanding any provision herein, any person may be nominated in either category 4 or 5 above so long as his name does not appear in more than one category.
2.  In proposing a nominee, the nominator shall state the category for which the nominee is being proposed.  An individual cannot be proposed in more than one category.
3.  In the joint session, a Representative may nominate only as many persons as there are positions to be filled in each category.
4.  Names shall continue to be received until the number of nominees in each category is at least twice the number of places to be filled, that is, there shall be nominated a minimum of two women, two Republicans, two racial minority members, six at-large nominees (House of Representatives) and four at-large nominees (Senate), all for four-year terms.
5.  No vote shall be taken on the nominees in the joint session.  When the names of all nominees have been received, the joint session shall be dissolved.
6.  The Chairman of the Subcommittee shall contact the members of the General Assembly who proposed the candidates nominated for election by the House of Representatives and ascertain whether they would serve if elected.  Any nominee may withdraw his name without the approval of the person who proposed his name.  If withdrawals reduce the number of nominees below twice the number of places to be filled in any category, another joint session of the Senate and House shall be held to receive sufficient additional nominations in that category.
III. ELECTIONS IN THE HOUSE OF REPRESENTATIVES.
1.  A list of nominees shall be prepared under the supervision of the Chairman of the Subcommittee for the information of the House of Representatives.
2.  The list shall include only the names of those candidates nominated during the joint session of the Senate and House of Representatives.  The list shall be composed of nominees proposed by the Education Committee who have consented to run and those nominees proposed from the floor in the joint session who have consented to run and for whom the House is entitled to vote.  Their names shall be arranged (a) by category and (b) within each category, alphabetically by surname.  Each person whose name appears on the list shall be thereon designated as a "Recommended Nominee”or "Nominee", as the Education Committee shall have determined.
3.  The House of Representatives shall hold its election immediately after being notified by Special Messenger that the Senate has completed its election.  Before the voting begins, the Speaker of the House of Representatives shall explain the voting rules, which are:
(i)	No nomination shall be received from the floor.
(ii)	In order to be chosen, a nominee must receive the votes of a majority of all members present and voting for his category.
(iii)	Each member present and voting shall vote for as many nominees as there are positions to be filled in each category.
(iv)	When a member for a category containing a single position is to be chosen and no nominee receives a majority of the votes cast for all the nominees in that category, a runoff shall be conducted between the person receiving the highest and the person receiving the second highest number of votes cast.
(v)	When fewer than three nominees in the four-year at-large category receive the votes of a majority of all members present and voting for positions in that category, a runoff to fill the open position or positions shall be conducted among the nominees receiving the highest number of votes cast, and the number of nominees eligible to be voted on in the runoff shall be twice the number of positions to be filled.
(For the purpose of illustration, if when the first ballot is taken, no nominee receives a majority, then the top six vote-getters will be in the runoff, because there must be twice the number of persons in the runoff that there are positions to be filled and the House has three such positions to fill.  If one person receives the votes of a majority of all members present and voting for that category, then he is elected and a runoff will be held among the four next highest vote-getters.  This is so because there are two positions remaining to be filled and there must be twice the number of nominees in the runoff that there are positions available, therefore four.)
(vi)	If there is a tie for the last position between two nominees who are eligible for the next runoff, both nominees shall be included in the next runoff, even though there would thereby be more than two nominees per available position on the Board of Governors.
(vii)	When more than three nominees in the four-year at-large category receive the votes of a majority of all members present and voting for positions in that category, then the three nominees receiving the highest number of votes shall be deemed to have been chosen.
4.  The members of the House of Representatives shall proceed to vote by roll-call for the following:
One person in the minority party category for a four-year term, and
Three persons in the at-large category for four-year terms.
5.  The Chairman of the Subcommittee shall be responsible for canvassing the vote and declaring the results thereof.
6.  When the Chairman of the Subcommittee has determined that the House of Representatives has chosen one member of the Board of Governors from the minority party category for a term of four years and three members of the Board of Governors from the at-large category for a term of four years, the Speaker of the House shall declare those four persons to have been elected by the House of Representatives to the indicated positions and for the indicated terms.
7.  The results of the election in the House of Representatives shall then be sent by Special Messenger to the Senate.
IV.  NOTIFICATION OF ELECTION RESULTS.
When the election process is complete, the Chairman of the Subcommittee shall notify the Secretary of the Board of Governors of The University of North Carolina of the names of the persons elected by the House of Representatives and the category for which and term for which each of them was elected.
Sec. 2.  This resolution is effective upon adoption.